The government yesterday won a further suspension of a magistrate's ruling that the broadcasting licensing law is unconstitutional.

Magistrate Douglas Yau Tak-hong issued the suspension after ruling in Eastern Court on January 8 that sections of the Telecommunications Ordinance breached the Basic Law and the Bill of Rights. He dismissed charges against six activists of Citizens' Radio who were charged with unlicensed broadcasting.

Mr Yau suspended his ruling after the prosecution, arguing he must allow time for the government to appeal. He adjourned the hearing until yesterday.

Deputy Director of Public Prosecutions Kevin Zervos yesterday sought a further extension until next month.

He said the prosecution had prepared the appeal documents but formal approval was required before the application could be submitted to the Court of First Instance.

Mr Zervos cited cases in which he suggested the magistrate had implied power to stay or postpone the suspension.

But Wong Hin-lee, for the six activists, said the prosecution's application was an 'abusive' delaying tactic.

In giving his reasons for the extra extension - until March 11 - Mr Yau said that if he did not extend the suspension it might cause chaos and confusion in the community.

As the public does not know where to stand on the licensing issue, it 'simply would be unacceptable'.